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IN RE: ROSA S., etc., A Dependent Child Under the Age of Eighteen Years, etc., Raul S., Respondent–Appellant, Saint Dominic's Home, et al., Petitioner–Respondent.
Order of disposition, Family Court, New York County (Jody Adams, J.), entered on or about July 5, 2005, which, to the extent appealable, found that respondent father had permanently neglected the subject child, unanimously affirmed, without costs.
The finding of permanent neglect was based on evidence showing clearly and convincingly that respondent father failed to plan for his daughter's future (see Social Services Law § 384–b[7][a] and [c] ). Notwithstanding respondent's completion of anger management classes and a basic parenting skills program, he did not have and, despite appropriate agency program referrals, failed to acquire, the parenting skills essential to meet his daughter's special needs (see Matter of Shane Anthony P., 307 A.D.2d 297, 762 N.Y.S.2d 503 [2003], lv. denied 100 N.Y.2d 513, 767 N.Y.S.2d 394, 799 N.E.2d 617 [2003] ).
The court's dispositional determination terminating respondent's parental rights respecting the subject child was entered on respondent's default and consequently is not appealable by him (see Matter of Ramon David W., 290 A.D.2d 357, 736 N.Y.S.2d 227 [2002] ). However, were it before us, we would affirm. While the record indicates that the subject child will be difficult to place, it also shows that she has progressed in her current group setting, that adoption would be in her best interests (see Matter of Star Leslie W., 63 N.Y.2d 136, 147–148, 481 N.Y.S.2d 26, 470 N.E.2d 824 [1984] ), and, accordingly, that it is a goal which should be facilitated.
We have considered respondent father's remaining arguments and find them unavailing.
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Decided: March 01, 2007
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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